KEDAR MUKHIYA Vs. STATE OF U.P.

JUDGEMENT

(1.) This Jail Appeal is preferred by Kedar Mukhiya, through Jailer, District-Jail, Siddharthnagar, against the judgement and order dated 08.06.2017 passed by Additional District and Session Judge/FTC 2 Siddharth Nagar, inspecial Case No. 23 of 2011, State of U.P. v. Kedar Mukhiya , arising out of crime no. 436 of 2011, under section 8/20 N.D.P.S. Act, Police Station-Dumariya Ganj, District-Siddharth Nagar.

(2.) Vide this impugned judgement and order dated 08.06.2017, accused appellant Kedar Mukhiya is convicted under section 20 (b) (ii) (c) N.D.P.S. Act and is punished with the sentence of the rigorous imprisonment for 10 years and a fine of Rs. 1,00,000/- in default of payment of fine, he will undergo the additional simple imprisonment for 6 months.

(3.) This appeal is preferred on the grounds that the impugned judgement and order dated 08.06.2017 is passed against the fact and law, it is misconceived and malafide. Learned lower Court has passed this judgment without applying his judicial mind. The provisions of section 50, 52, 57 and 42 of the N.D.P.S., Act have not been complied with. Copy of the recovery memo was not given to the accused-appellant. In the recovery memo it is mentioned that the alleged recovered Charas is weighed-in by the balance and the figure of the weight is as such which can be delivered only through the electronic weighing scale, FIR is after thought and is lodged after undue delay. There is no public witness of the occurrence and there is major contradictions in the statement of the witnesses. Applicant is falsely implicated in this case, therefore, the impugned judgement dated 06.08.2017, passed by the lower Court is liable to be set aside and the accused-appellant is entitled for acquittal from the charge framed under section 20 (b) (II) (c) N.D.P.S. Act.